PORT OF TEXAS CITY TEXAS CITY TERMINAL RAILWAY COMPANY U.S. CUSTOMS PORT CODE 5306 ______________________________________ CIRCULAR NO. 4-H (Includes All Prior Supplements) Contains WHARFAGE, DOCKAGE, STORAGE AND OTHER CHARGES, RULES AND REGULATIONS Applying on the WHARVES AND RAILROAD AT THE PORT OF TEXAS CITY, TEXAS AND TEXAS CITY TERMINAL RAILWAY COMPANY _______________________________________________________________________________ ISSUED DECEMBER 1, 2010 EFFECTIVE JANUARY 1, 2011 This is to advise you of our rates for 2010. Included in this publication are TCT local rail switching rates and rules. _______________________________________________________________________________ Port of Texas City Texas City Terminal Railway Company 2425 Highway 146 North Texas City, Texas 77590 Phone 409-945-5011 Fax 409-948-8736 Web Page www.tctrr.com e-mail address: [email protected] 1 TABLE OF CONTENTS SECTION NO. SUBJECT ITEM NUMBERS _____________________________________________________________________________ SECTION 1 DEFINITIONS 100 – 199 SECTION 2 RULES AND REGULATIONS 200 – 299 SECTION 3 CHARGES APPLICABLE TO VESSELS 300 – 399 SECTION 4 CHARGES APPLICABLE TO CARGO 400 – 499 SECTION 5 MISCELLANEOUS 500 – 599 SECTION 6 RAILROAD RATES AND RULES 600 – 699 ADDENDUM NO. 1 ITEM 402 - WHARFAGE SURCHARGE ON CRUDE OIL ITEM 403 – ADDITIONAL WHARFAGE SURCHARGE ON CRUDE OIL FOR DOCK DREDGING _____________________________________________________________________________ 2 _____________________________________________________________________________ ITEM SUBJECT APPLICATION _____________________________________________________________________________ SECTION 1 – DEFINITIONS 100 Definitions 101 CARGO Any solid, liquid or gaseous substance, product or Hazardous Material transported to, from, in or through the jurisdiction of the Port of Texas City and involving the use of Port’s Facilities. 102 DAY Each succeeding 24 hour period or fraction thereof, after the actual time a Vessel docks. 103 DOCKAGE A charge assessed against a Vessel for use of mooring facilities, docks, piers, bulkheads, wharves, or for mooring to a Vessel so berthed. 104 ENVIRONMENTAL All federal, state, local or municipal laws, rules, regulations, LAWS statutes, ordinances, permits or orders, and any judicial or administrative interpretations thereof, relating to (a) the prevention, control, or management of pollution, (b) the protection of the environment, including but not limited to, air, water, groundwater, land, soil, sediments, humans, animals, and vegetation, (c) solid, gaseous or liquid waste generation, handling, treatment, storage, disposal, discharge, release, emission or transportation, or (d) regulation of or exposure to Hazardous Materials and/or petroleum products. “Environmental Laws” shall include, but not be limited to, the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601, et seq. (“CERCLA”), the Emergency Planning and Community Right-to- Know Act of 1986, 42 U.S.C. §§ 1101, et seq. , the Resource Conservation and Recovery Act, 42 U.S.C. §§ 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Clean Water Act (Federal Water Pollution Control Act), 33 U.S.C. §§ 1251, et seq., the Safe Drinking Water Act, 42 U.S.C. §§ 300f, et seq., the Occupational Safety and Health Act, 29 U.S.C. §§ 641, et seq., the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801, et seq., the Oil Pollution Act, 33 U.S.C. §§ 2701, et seq., the Texas Health & Safety Code, the Texas Water Code, and the Texas Natural Resources Code. 3 105 HAZARDOUS Any substance or material that is listed, defined or otherwise MATERIAL(S) designated as a “hazardous substance” under Section 101(14) of CERCLA or Section 361.003(11) of the Texas Health & Safety Code; (b) any chemical or COC; (c) any hydrocarbons, petroleum, petroleum products or waste; (d) any metabolite or chemical breakdown product or derivative or component part of substances identified above; and (e) any other chemical, substance or waste, that is regulated by, or may form the basis of liability under, any Environmental Laws. 106 PORT AUTHORITY The Port Authority for the Port of Texas City, Texas is Texas City Terminal Railway Company d/b/a Port of Texas City. 107 PORT FACILITIES Any wharves, docks, piers, bulkheads, sheds, warehouses, land, structures, pipelines and extensions thereof and appurtenances thereto, equipment and appliances of all kinds, and rail operations situated within the jurisdiction of and/or owned, operated or leased by the Port Authority. 108 CIRCULAR This Tariff, Circular 4-H, and any subsequently issued tariffs, Circulars or amendments hereof. 109 USER Includes (1) any person or entity using the Port Facilities or to whom or from whom any service, work or labor is furnished, performed, done or made available by the Port Authority or any other person using the Port Facilities, (2) any person or entity owning or having custody of Cargo moving in, over or through the Port Facilities; (3) all Vessels and their owners, operators, crew and agents; and (4) any other person, firm or corporation that conducts business at the Port of Texas City. 110 VESSEL Any ship, tug, towboat, barge or other water craft, self-propelled or non-self propelled. 111 VOYAGE The arrival at and departure from the Port of Texas City of a Vessel. The charges shown herein apply to each individual voyage, from the time a Vessel is made fast to a dock until the mooring lines are released. 112 WHARFAGE A charge assessed against the Cargo on all Cargo passing or conveyed over, onto or under wharves or between Vessels, when berthed at a wharf, made fast to a Vessel so berthed or when moored in slip adjacent to wharf. 113-199 RESERVED 4 SECTION 2 – RULES AND REGULATIONS 200 General Rules and Regulations: 201 JURISDICTION & The Port of Texas City has jurisdiction over all of the Port Facilities. APPLICATION The rules, rates and other provisions set forth in this Circular apply to all activities on the Port Facilities and all waterways adjacent to the Port of Texas City, unless otherwise stated herein or unless otherwise specifically agreed in writing with the Port Authority. All Users of Port Facilities and all Vessels using the waterways shall at all times conform to the rules, regulations and rates contained in this Circular. 202 CONSENT By using the Port Facilities, all Users consent to the terms and conditions of the Circular and agree to pay all charges and to be governed by all rules and regulations contained herein. Refusal or failure to comply with these rules or regulations may result in an order to vacate the Port Facilities, to cease loading or unloading, or any other order deemed necessary of advisable by the Port Authority. 203 APPLICABLE LAW The rates, rules and regulations contained in this Circular shall apply equally to all Users of Port Facilities on and from effective dates of the Circular. The Circular shall be construed, and the rights and obligations of the parties hereunder shall be determined in accordance with, the laws of the State of Texas, excluding any principle of conflict of laws that would require application of the laws of any other jurisdiction (excepting only those claims that sound only under federal maritime law). Venue of any litigation arising under this Circular or any User’s operations on Port Facilities shall be in the United States District Court for the Southern District of Texas to the extent that the Courts of the United States have personal and subject matter jurisdiction, otherwise venue shall be in Texas State Judicial District Court of Galveston County, Texas. 204 SECURITY ZONE As referenced in the Code of Federal Regulations, Title 33, Volume & RESPONSIBILITY 2, Part 165, Subpart F, Section 165.814, Revised as of July 1, 2003, FOR SECURITY the waters inside the Port of Texas City have been established as a security zone. Fishing Vessels and other pleasure Vessels are prohibited, and only commercial Vessels on official Port business may enter. Likewise, swimming, snorkeling, recreational scuba diving and other water sports, and fishing are prohibited within the jurisdiction of the Port Authority. 5 204 SECURITY ZONE Users are solely responsible for their, and their employees’ and & RESPONSIBILITY agents’, security and safety at Port Facilities, including security from FOR SECURITY acts of terrorism, vandalism, theft, burglary or other criminal acts; (continued) notwithstanding any security measures that might be taken or undertaken by Port Authority. 205 PAYMENT OF All bills rendered by Port of Texas City for charges assessed under CHARGES the provisions of this Circular are due and payable within 10 days after presentation. Any agents, owners, persons, firms or corporations receiving such bills and failing to make payment within 30 days after presentation shall be placed upon a delinquent list. 206 DELINQUENT LIST All Vessels, their owners or agents or other Users of the Port Facilities placed on the delinquent list for reasons heretofore stated shall be denied further use of the Port Facilities until all charges have been paid. 207 DEMURRAGE ON Port of Texas City does not assume responsibility for demurrage on VESSELS Vessels under any circumstances. 208-209 RESERVED 6 210 Operational Rules & Regulations: 211 CARGO All Vessels, their owners, operators, agents or other proper authority STATEMENTS shall